INTRODUCTION

Purpose of Policy

This document was prepared to provide fish harvesters, Aboriginal Organizations, and the Canadian public with a clear and consistent statement regarding the Fisheries and Oceans Canada’s (DFO) policy respecting commercial fishing enterprises, the registration of vessels, and the issuance of recreational and commercial fishing licences in the Newfoundland and Labrador Region.

It sets out requirements and eligibility criteria established by the Minister of Fisheries and Oceans Canada (the “Minister”) with respect to the licensing of commercial fishing and communal commercial fishing in the Newfoundland and Labrador Region. The Minister retains complete discretion to make an exception to these provisions.

Application of Policy

This policy applies to the inshore commercial fisheries for fish and marine plants in Canadian fisheries waters (coastal and inland) in the Newfoundland and Labrador Region.

This policy does not apply to licences issued under the Aboriginal Communal Fishing Licences Regulations. Nothing in the policy, except residency requirements, precludes the issuance of a licence to an Aboriginal Organization as a replacement for a reissuable licence.

What is a licence?

A licence grants authorization to do something which, without such permission, would be prohibited. As such, a licence confers no property or other rights which can be legally sold, bartered or bequeathed. Essentially, it is a privilege to do something, subject to the terms and conditions of the licence.

A fishing licence is an instrument by which the Minister, pursuant to the discretionary authority under the Fisheries Act grants authorization to a person or to an Aboriginal organization to harvest certain species of fish or marine plants subject to the conditions attached to the licence. This is not a permanent authorization; it terminates upon expiry of the licence. The licence holder is given a limited fishing privilege, and not any kind of absolute or permanent right or property.

As provided under the Fishery (General) Regulationsthe issuance of a document of any type to any person does not imply or confer any future right or privilege for that person to be issued a document of the same type or any other type.

Develop a greater degree of partnership with a professional group of harvesters,

Streamline administration of licensing.

Appeals

Participants in the Newfoundland and Labrador Region commercial fisheries who are not satisfied with licensing decisions made by DFO have the opportunity to request a licensing appeal.

Reasons for appealing a licensing decision must relate to an alleged incorrect application of licensing policies, extenuating circumstances or a change in policy.

National On-Line Licensing System (NOLS)

The Department’s licensing services are now provided online through the National Online Licensing System.
The system is designed to allow you to perform your licensing transactions on-line, and applies to holders of fishing licences managed by Fisheries and Oceans Canada. These include:

Aboriginal Organization: includes an indigenous band, an indigenous band council, a tribal council and an organization that represents a territorially based indigenous community.

Authorized Overlap: Groundfish licence holder with a homeport in the extremities of their sector is authorized to fish in the NAFO Division adjoining their homeport Division.

Buddy-up: A DFO-authorized temporary arrangement allowing a maximum of two (2) two licence holders holding valid licences for the same species, the same fishing area and the same gear type operating from the same vessel.

Conservation Harvesting Plan (CHP): Fishing plans submitted by and agreed to by industry which identifies such things as, but not limited to, harvesting methods, season opening dates, conservation measures and sharing arrangements.

Controlling Agreement: An agreement between a licence holder and a person, corporation or other entity that permits a person other than the licence holder to control or influence the licence holder’s decision to submit a request to DFO for issuance of a replacement licence to another fish harvester.

Core: assigned to enterprises headed by individual fish harvesters who, in 1996, held key licences, had an attachment to the fishery, and who were dependent on the fishery. Core status is available to a limited number of enterprises.

Enterprise: A fishing unit composed of a registered fish harvester (head of enterprise), his/her registered vessels, and his/her commercial licences. Enterprises are assigned a specific status which prescribes their access to the commercial fishery:

Core: assigned to enterprises that meet Core requirements and where none of the licences held are subject to a Controlling Agreement. Throughout this policy, most benefits are provided to Core enterprises.

Non-Core: assigned to enterprises that do not meet Core or Independent Core eligibility requirements or that loses its Core/Independent Core status under the current policy.

Under Review: assigned when DFO has reason to believe that an enterprise categorized as Independent Core no longer meets the Independent Core criteria.

Enterprise Allocation: The amount of fish from a particular stock allocated exclusively to a licence holder, usually a corporation. Such an allocation would normally apply to vessels longer than 65 feet.

Enterprise Combining: A policy that permits Independent Core fish harvesters to acquire another enterprise for the purpose of combining, and results in the removal of one enterprise, vessel registration and duplicate species licences.

Fishing Licence: An instrument used by the Minister, under authority of the Fisheries Act, grants authorization to a person, including an Aboriginal organization, to harvest certain species of fish or marine plants subject to the conditions attached to the licence. This is a temporary grant as licences are issued for a fixed period, usually annually.

Fishery Sectors:

Inshore: licence holders are restricted to using vessels less than 19.8m (65') length over all (LOA), and in the Newfoundland and Labrador Region, where fish harvesters may be permitted to use a vessel less than 27.4m (90’) LOA when specific conditions are met.

Midshore: licence holders are permitted to use vessels up to 30.5m (100’) LOA, excluding licence holders in the inshore fishing sector.

Offshore: licence holders are permitted to use vessels greater than 30.5m (100') LOA.

Fleet: All fish harvesters who fish out of the same allocation, and/or have the same vessel size category, and/or fish from the same fishing area.

Historical Overlap: Groundfish licence holder in one NAFO Division or fishing area is authorized to fish another fishing area or NAFO Division, based on their historical fishing activity.

Homeport: The port from which a fish harvester’s enterprise is based.

Independent Core: Classification of inshore fish harvester who is head of a Core enterprise, and has filed a Declaration proving they have are not subject to a Controlling Agreement with respect to licences issued in their name.

Individual Harvesting Restrictions (IHR’s): The limit or “cap” on the amount of fish an individual can catch in a designated competitive fishery. Core enterprise owners who avail of the revised vessel registration policy flexibility will be required to fish under an Individual Harvesting Restriction regime in commercially significant fisheries.

Individual quota (IQ): Quota that is comprised of a fixed amount or a percentage of a fleet quota or total allowable catch (TAC) that is assigned to an individual fish harvester.

Integrated Fisheries Management Plan (IFMP): Planning framework used to guide the conservation and sustainable use of marine resources, and the process by which a given fishery will be managed for a period of time.

Intergenerational: Used for the purposes of a re-issuance of a licence(s) and/or registration(s) in that the current licence holder may request that the licence/registration be re-issued from a parent or step-parent to an eligible child, which may include son-in-law or daughter-in-law.

Key licence: Key status is given to the most active fisheries in the region. In the Newfoundland and Labrador Region, key fisheries are: groundfish; cod handline; capelin; scallop; snow crab; lobster; shrimp; all species using purse seine; and on the Labrador coast, salmon and Arctic char.

Lease: The authorized temporary use of an alternate vessel when a licence holder is unable to use the vessel registered on their licence for reasons beyond their immediate control (i.e. mechanical, structural malfunction, and/or loss of vessel).

Length Overall (LOA): Horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the main hull of a vessel (includes the vessel’s bottom, sides, and deck). Transom platforms extending beyond the stern of a vessel for the purpose of this policy will be considered part of the main hull of the vessel.

Limited Entry: The mechanism DFO uses to control the number of licence holders participating in a fishery. A limited entry fishery has entry requirements or criteria established in order to qualify for the fishery.

Professionalization Classification: Fish harvester registration classification as an apprentice, Level I or Level II professional fish harvester, as acquired through the Professional Fish Harvesters’ Certification Board.

Re-issuance: The process whereby the registration of a species licence or fishing vessel is relinquished by one fish harvester and registered in the name of another fish harvester. It is commonly referred to as a transfer.

Residence: The place where one actually lives; his/her fixed permanent address to which he or she maintains residential ties, distinguished from a place of temporary residence such as a summer home or a temporary residence for work or school. Residential ties of an individual which would be significant for the purpose of determining residence include the individual’s dwelling, spouse or common-law partner, and dependents.

Resident: A person who has continuously had his/her main place of residence in a defined area for a period of not less than six months immediately preceding the time that residence becomes material for the purpose of licensing.

Shore Skipper: An enterprise owner in the 12.2m (40’) LOA or greater fleet who has been permitted to operate his enterprise from shore and to have a substitute operator in place for the entire year.

Substitute Operator: Eligible fish harvester the licence holder has designated to fish their enterprise. All substitute operators must meet eligibility requirements and be approved by DFO.

Vessel Registration Number (VRN): The registration number assigned to a vessel when it is registered with DFO as a fishing vessel as required under Regulations.

1.4 An individual must be Professional Level II in order to acquire an existing complete Core enterprise.

2. CORE ENTERPRISE CONCEPT

2.1 Inshore fisheries are managed under the “Core enterprise” concept that was developed with the Commercial Fisheries Licensing Policy for Eastern Canada in 1996. It limited fishery access to a core group of a maximum number of multi-licensed enterprises headed by individual and independent fish harvesters. In the past, to qualify as a member of the core group at that time, a licence holder was required to meet the following criteria as of December 20, 1995:

Be the head of an enterprise

Hold key licences

Have an attachment to the fishery

Be dependent on the fishery

The Core assessment process has concluded, and no further assessments for Core status are being undertaken.

2.3 Independent Core status is available to inshore fish harvesters who are heads of Core enterprises, and who have filed a Declaration proving they have are not subject to a Controlling Agreement with respect to licences issued in their name.

2.4 Entry into the Core group is possible only by acquiring a Core enterprise. The Independent Core status is assigned to a Level II fish harvester (new entrant) in a complete enterprise re-issuance, providing they meet the requirements outlined in Subsection 2.3.

2.5 Only Independent Core fish harvesters are eligible for new licences or replacement licences acquired through licence reissuance.

2.6 Independent Core does not apply to Aboriginal groups or Estates.

2.7 Non-Core status is assigned to an enterprise with a key licence that does not meet the criteria to be assigned Core.

3. FLEET SEPARATION POLICY

3.1 One of the objective of licensing policy is to separate the inshore fish harvesting sector and processing sectors. As a result, inshore licences may not be issued or reissued to corporations, including those involved in the fish processing sector. Corporations established under the Issuing Licences to Companies policy are excluded.

3.2 Notwithstanding Subsection 3.1, corporations that existed and held inshore fishing licences prior to 1979 (referred to as pre-79 corporations) may continue to hold these licences, or reissue them to another pre-79 corporation holding inshore fishing licences, or to an eligible recipient.

3.3 When a pre-79 corporation reissues all licences to a qualified and eligible new entrant, the new entrant will be categorized as Independent Core.

4. OWNER-OPERATOR POLICY

4.1 Under this policy, licences will be issued in the name of an individual fish harvester.

4.3 Unless “grandfathered” by DFO, fish harvesters will only be permitted to hold only one licence for a given species. Those licences may be validated for more than one gear type.

4.4 The Owner-Operator Policy does not apply to licences issued under the Aboriginal Communal Fishing Licence Regulations. The licences issued under the authority of these regulations are communal, and are not specific to an individual.

5. LICENCE ELIGIBILITY

5.1 All Level II fish harvesters are assigned a homeport once they receive an Independent Core enterprise. Homeport is the community in which an enterprise is based, and may not correspond to the permanent residence/address of the licence holder.

5.2 Historically, homeport has been used in NAFO Divisions 2GHJ3KLPs as the basis of eligibility for the issuance of new licences and re-issuance of current licences/enterprise.

5.3 Historically, residency (an individual’s place of residence) has been used in NAFO Division 4R and sub-Division 3Pn as the basis of eligibility for the issuance of new licences and re-issuance of current licences/enterprises. In NAFO Division 4R and sub-Division 3Pn, an enterprise holder’s approved residency is used to assign a registered homeport and determine license eligibility.

6. CHANGE OF HOMEPORT OR RESIDENCY

6.1 To qualify for a change of homeport or residency, fish harvesters must meet each of the following conditions:

establish permanent residence (as per Subsection 6.2) in the new community/area for a minimum of six (6) consecutive months (36 months when fishing Snow Crab in Labrador) and provide personal documentation which must reflect the new address for the required period of time;

apply to the Department requesting the change, including the reason for the change request;

re-issue or relinquish any licence(s) valid only for the former homeport or area of residency (eg. lobster licences from Notre Dame Bay cannot be moved to Bonavista Bay).

6.2 For the purpose of determining residency, DFO officials will require three supporting documents from the fish harvester which must show proof of residence for the required 6 months (36 months for Snow crab in NAFO Division 2J). These documents may include, but are not limited to:

Valid Driver’s licence for the province/region;

Utility invoices in the requestor’s name and for the community for six (6) consecutive months (36 months for Snow crab in NAFO Division 2J). Rental agreements inclusive of utilities are not sufficient.

And one of the following:

Valid vehicle registration for the province/region; and/or

Letter from a lawyer attesting to permanent residence of the individual.

6.3 Requests for homeport or residency change may be subject to DFO investigation. Upon approval of the new homeport or residency, individuals become eligible for re-issuance of licences or for new licences for the new homeport or residency, where available.

6.4 Requests may be subject to DFO investigation. Should DFO officials have reason to believe a false declaration is being made regarding residency, further action may be taken.

7. RELOCATING TO REGION

7.1 Individuals wishing to relocate to Newfoundland and Labrador and enter the fishery by acquiring a Core enterprise must meet each of the following conditions:

8.2 Licence issuance is subject to any prohibitions, directions, or requirements that have been imposed on the licence or licence holder by way of an order of a Court under Subsection 79.2 of the Fisheries Act .

8.3 In most circumstances, an individual may not hold more than one licence for the same species in the inshore fishing sector.

8.4 Fish harvesters are not permitted to hold licences in two different inshore fishing sectors simultaneously. Additionally, a fish harvester cannot hold licences in the inshore fishing sector, the midshore fishing sector, or the offshore fishing sector at the same time. In order for a fish harvester to hold licences and/or registrations in the midshore or offshore fishing sector, he/she must reissue, combine or relinquish all licences and/or registrations in the inshore fishing sector, and vice versa.

9. LICENCE RENEWAL

9.1 Licences must be renewed (fees paid) annually by December 31 of the current year, or they are cancelled. Renewal includes the payment of all individual quota fees, with the exception of commercial Cod individual quota fees which are not required to be paid if there are no directed or incidental landings; however, the groundfish license fee must be paid.

9.2 An appeal may be requested of the Regional Licensing Appeal Committee to reinstate lost fishing privileges.

9.3 In general, the issuance of new commercial licences or annual renewal of commercial licences held in the previous year can only be approved if the fish harvester is eligible, which includes a valid certification with the Professional Fish Harvesters Certification Board.

9.4 Independent Core fish harvesters who fail to renew their full suite of fishing licences, or the final remaining key licence, and/or are unsuccessful through the appeal process, will lose their Independent Core status as well as their professionalization status.

9.5 Notwithstanding licence issuance where Aboriginal rights and Land Claims Agreements exist, new commercial licences may only be issued to Independent Core fish harvesters.

9.6 Where new licences are issued, fish harvesters are required to complete a “Declaration Concerning Controlling Agreement” with each application.

9.7 Where a fish harvester has been convicted under the Fisheries Act and has an outstanding fine, the issuance of any species licence and licence conditions is suspended until the fine is paid.

10. FREEZING-AT-SEA

10.1 Fish harvesters approved for freezing at sea are permitted to freeze:

10.3 There are no new freezing-at-sea authorizations for inshore-based vessels in the 12.2m (40’) LOA or greater fleet sector.

10.4 Reissuance of a freezing-at-sea authorization is permitted:

in the case of a complete enterprise reissuance that includes the Shrimp Fishing Area 4 shrimp licence and/or an 0B turbot validation;

with either the Shrimp Fishing Area 4 shrimp licence and/or an 0B turbot validation, if reissued individually.

10.5 Fish harvesters must have one of the two licences/validations approved for freezing-at-sea in order to maintain eligibility. Those who reissue both the Shrimp Fishing Area 4 shrimp licence and the 0B turbot validation will lose the freezing-at-sea authorization.

10.6 The freezing at sea authorization is NOT a validation that is eligible for reissuance on its own; it MUST be attached to one of the licences/validations approved for freezing-at-sea.

PART TWO – CHANGING LICENCE/ENTERPRISE DETAILS

11. USE OF SUBSTITUTE OPERATORS (DESIGNATION)

11.1 Enterprise holders in all inshore fleet sectors are required to personally fish licences issued in their name. As provided under the Fishery (General) Regulations, where a licence holder, or the operator named in a licence, is unable to engage in fishing activity due to circumstances beyond their control, DFO may authorize in writing another person to carry out the fishing activity under the licence.

11.2 The intent of this policy is to allow the existing enterprise to continue normal fishing operations in the absence of the enterprise owner. The substitute operator would replace the licence holder on their vessel; it does not allow a licence to be taken from one enterprise and fished on another.

11.3 All requests for substitute operator are reviewed on a case-by-case basis and must be approved by DFO. Requests will not be approved where it is deemed by DFO that the enterprise was not intended to be fished.

A. GENERAL POLICY GUIDELINES

11.4 Individuals using a substitute operator must not be employed outside the fishery, nor can they be involved in the fishery during the substitution period either on their own, or on any other fishing enterprise.

11.6 Consideration will be given to individuals with a valid certificate from another fish harvester certification board in Atlantic Canada and Quebec, or with a commercial fish harvester registration issued by DFO.

11.7 A substitute operator cannot operate his/her own enterprise or have a substitute operator operate their enterprise while they are designated as a substitute operator. The substitute operator’s licence(s)/vessel registration(s) cannot be fished or reissued during this period.

11.8 Unless otherwise stated, substitutions can be cancelled at any time by either party.

B. TYPES OF SUBSTITUTE OPERATOR

11.10 24-HOUR substitute operator is available to professional fish harvesters using vessels in the less than 12.2m (40’) LOA category who, due to an emergency, cannot tend to fishing matters for a 24-hour period. Request in writing is not required; however, a verbal request must be made to a Fishery Officer or an authorized DFO agent.

11.11 Casual substitute operator is available to professional fish harvesters taking time off from fishing activity. Casual substitute operator privileges are not available in all fisheries (See 11 C).

Requests must be submitted in writing.

No supporting documentation (i.e. medical note) is required.

Maximum of 120 days annually; these days do not have to be consecutive.

Available to Independent Core, Level I and Level II licence holders; apprentice licence holders are not eligible.

11.12 Extended substitute operator is available when circumstances beyond the control of the licence holder prevent them from fishing their enterprise. All requests must be made in writing to DFO, and must include the proper documentation:

Available to any professional fish harvester (Independent Core, Level I, Level II, and apprentice licence holders).

Requests must be submitted in writing and accompanied by documentation.

In the case of a request for a substitute operator for medical reasons, documentation must include a medical treatment certificate from a medical doctor.

Substitute operator designation for medical reasons may not exceed a total period of five (5) years. Medical documentation is required with each request.

11.13 Estate substitute operator may be used by the estate for the continued operation of an enterprise upon the death of the licence holder. This may occur for a maximum of five (5) years. See Section 13 for more information.

C. SUBSTITUTE OPERATOR IN SPECIES-SPECIFIC FISHERIES

11.14 EEL (Commercial)

For medical reasons only.

Consideration will be given to other types of substitute operator privileges, where the substitute operator has a historical attachment to the eel enterprise.

11.15 EMERGING FISHERIES

For medical reasons only.

11.16 NAFO DIVISIONS 2J3KLPs GROUNDFISH

For medical reasons only.

Substitute operator must be in place for a minimum of 30 days, with the exception of estates and shore skippers.

For medical reasons only for the 10.668m (35’) and greater fleet only.

Substitute operator or a crewmember must hold a valid professional or assistant seal licence.

The substitute operator does not have to be registered with the Professional Fish Harvesters Certification Board.

11.19 SNOW CRAB (NAFO Divisions 2J3KLP4R)

Substitute operators are not permitted while fish harvesters are in a buddy-up arrangement.

D. SUBSTITUTE OPERATOR DURING VESSEL LEASING

11.20 Substitute operators will only be permitted when a vessel is leased under the following conditions:

when the use of a substitute operator was previously approved, in place and the licence holder’s disabled vessel was fished and had verified landings within the 30 days prior to the lease request; or

in the case of Northern and Gulf shrimp, when the use of a substitute operator was approved, in place and the licence holder’s disabled vessel was fished and had verified “shrimp” landings within the 30 days prior to the lease request; or

when the licence holder becomes ill during the term of a previously approved lease, at which time the licence holder must have fished personally and had verified landings on the leased vessel within the 30 days prior to the substitute operator request (medical documentation will be required); or

in the case of Northern and Gulf shrimp, when the licence holder becomes ill during the term of a lease, at which time the licence holder must have fished personally and had verified “shrimp” landings on the leased vessel within the 30 days prior to the substitute operator request (medical documentation will be required);

the licence holder is approved as a “shore skipper”.

12. REISSUANCE

A. GENERAL

12.1 Current legislation provides that licences are not eligible for re-issuance. However, the Minister in "his absolute discretion" may for administrative efficiency prescribe in policy those conditions or requirements under which a licence may be issued to a new licence holder as a "replacement" for a licence that is being relinquished.

12.2 The recipient of a species specific licence reissuance must have a homeport based in, or be a resident of (See Section 5), the fishing area of the licence (in the case of groundfish, must be have a homeport based in, or be a resident of, the NAFO Sector of the licence. The exception is groundfish licences and associated validations in NAFO sub-Division 3Ps). Proof of residency as outlined in Sections 6 and 7 will apply. Reissuance is permitted between:

Independent Core to Independent Core;

Professional Level I or Professional Level II to Independent Core (apprentice licences are not eligible for reissuance);

Independent Core to Professional Level II as part of a complete Core enterprise (Professional Level II fish harvester must be independent)

Groundfish licences and associated validations may not be reissued from NAFO sub-Division 3Ps to any other NAFO Division.

12.3 Subject to Subsection 12.2, a “replacement” licence or a complete enterprise and suite of licences may be reissued, upon request by the current licence holder, to a recipient recommended by the current licence holder, pending the recipient’s eligibility. In most circumstances, an individual may not hold more than one licence for the same species in the inshore fishing sector.

12.5 A Relinquishment of Fishing Privileges form must be completed and the signatures of the fish harvesters involved must be witnessed by a DFO licensing officer. In extenuating circumstances, signatures can be witnessed by a Justice of the Peace or a Commissioner for Oaths.

12.6 Licences can only be re-issued in fisheries for which no new licences are available, or if specified in a particular Integrated Fisheries Management Plan. Licence reissuance where new licences are available can occur only with a complete enterprise reissuance.

12.7 Species-specific licences and/or registrations may be reissued through an intergenerational reissuance where the eligible recipient has fished with that enterprise for the preceding five (5) years and lives in the same fishing area or a fishing area adjacent to the homeport/residence of the enterprise. All other reissuance criteria will apply. This specific reissuance criterion does not apply where other provisions have been made in policy to accommodate intergenerational reissuance. Intergenerational is defined as from a parent or legal step-parent to an eligible child, which may include son-in-law or daughter-in-law.

12.8 Nothing in this policy, except residency requirements, precludes the issuance of a licence to an Aboriginal Organization as a replacement licence.

12.9 A licence may only be re-issued once in a 12 month period to an eligible fish harvester who has not held the species-specific licence within the last 12 months. For enterprise reissuance, see Subsection 12.46 and 12.47.

12.10 Two Independent Core fish harvesters licensed for the same species, where the licence conditions are different, and providing they have held the licences for 12 months, may apply to exchange (swap) licences. Subsection 12.9 is in effect for both fish harvesters upon completion of the swap

12.12 The re-issuance of inshore licences and enterprises between DFO Regions is not permitted.

A non-Core fish harvester (Professional Level I, Level I, or Apprentice) may re-issue a commercial Eel licence to an Independent Core fish harvester, but only as part of an intergenerational re-issuance.

May only be re-issued to groundfish licence holders of the same groundfish quota area.

Cannot be re-issued from a less than 12.2m (40’) LOA enterprise to an enterprise 12.2m (40’) LOA or greater; however, the reverse is permitted.

With the exception of those held by apprentices, non-Core Lumpfish validations may be reissued to an Independent Core fish harvester. The associated non-Core groundfish licence is cancelled immediately.

A non-Core lumpfish validation may be retained by a fish harvester who acquires a complete Core enterprise with a groundfish licence without a Lumpfish validation. The associated non-Core groundfish licence is cancelled immediately.

Sector Management Overlap Privileges

Overlaps cannot be reissued.

For the purpose of licensing, all groundfish mobile gear (otter trawl) enterprises in Western NL and Southern Labrador are considered either NAFO sub-Division 3Pn-based or NAFO Division 4R-based. A 4R groundfish mobile gear (otter trawl) enterprise reissued to a 3Pn enterprise will be recognized as a NAFO Division 4R-based licence, and vice versa. These same provisions exist for all Danish Seine enterprises in NAFO Division 4R.

Validations for Sub-Area OB on a NAFO Divisions 2+3KLPs groundfish licences may be re-issued from one groundfish licence holder to another groundfish licence holder under the following conditions:

re-issuance of the groundfish licence and the vessel replacement eligibility is not required.

NAFO sub-Division 3Ps Overlap Privileges

Residents of Fishing Area 9 with a Fishing Area 10 overlap may re-issue the groundfish licence including Fishing Area 10 overlap, provided that the recipient has a homeport in Fishing Area 9, or as part of an intergenerational re-issuance

NAFO Divisions 2J3KL fish harvesters who receive the re-issuance of a groundfish licence with a NAFO sub-Division 3Ps historical or authorized overlap will lose the overlap. The exceptions are those groundfish licences reissued as part of an intergenerational transfer.

Where groundfish licence holders hold both fixed gear and mobile gear validations, the mobile gear validation can be re-issued under the following conditions:

Independent Core to Independent Core;

Between groundfish licence holders in the 12.2m (40’) LOA or greater fleet. This does not require the re-issuance of the groundfish licence. In cases where the recipient has a different quota area, the mobile gear validation will only be valid for the quota area of the groundfish licence it was being reissued from.

Issuance of Fixed Gear replacement licences is permitted, including in the case of a complete enterprise reissuance. The 2017 temporary freeze on the issuance of new Fixed Gear licences remains in place.

Purse seine licences may not be reissued to an enterprise in the less than 12.2m (40’) length overall fleet sector.

Recipient may only have a licence valid for one gear type (fixed gear or purse seine) at a time.

Licences must remain in the same fleet sector from which they are being reissued. The only exception is Area 13, where licences may be reissued between the less than 12.2m (40’) length overall and 12.2m (40’) LOA or greater fleet sectors, providing all other management requirements are met.

Licences with NAFO sub-Division 3Ps Core Zone authorizations may only be reissued to residents of NAFO sub-Division 3Ps or (for those licences held by NAFO Division 3L-based enterprises) as part of an intergenerational reissuance of a complete Core enterprise.

NAFO sub-Division 3Ps Core Zone authorizations are eligible for reissuance separate from a 3Ps scallop licence. The authorization can be reissued to scallop licence holders in 3Ps, but must remain in the same fleet

Applicant must have a vessel eligibility of 12.2m (40’) LOA or greater.

Northern shrimp licences held by NAFO Division 4R-based fish harvesters can only be re-issued to another fish harvester who is a resident of a community north of the 50º 30’ line.

SFA 4 Northern shrimp licences may be reissued to an eligible 3L Independent Core fish harvester who does not currently hold a Northern shrimp licence. All other provisions of the reissuance policy apply. Reissuance of SFA 4 Northern Shrimp licences to individuals or entities in NAFO Division 2GHJ may be considered.

In NAFO Division 2J, the applicant must be a resident of the Area for three (3) years and have a 12.2 m (40’) LOA or greater vessel eligibility.

For 3L small supplementary licence holders, only a St Mary’s Bay (SMB)-based Level II individual may receive the re-issuance of a St. Mary’s Bay small supplementary enterprise and maintain the Option 2 SMB individual quota. A 3L-based (outside St. Mary’s Bay) Level II may be reissued an Option 2 SMB enterprise; however, it will be converted to the regular Option 2.

The applicant must have a commercial fishing vessel eligibility of less than 12.2m (40’) LOA.

Inshore Snow crab licences cannot be re-issued to another Crab Fishing Area, with the exception of Crab Fishing Areas 6C (Eastern Avalon) and 8A (Southern Shore) re-issued as part of a complete Core enterprise re-issuance. Access and allocation for both Crab Fishing Areas are maintained.

Re-issuance of a rotational tuna licence means the re-issuance of the eligibility position. The applicant must have a homeport in the area of the licence (NAFO Division 3L and sub-Division 3P). 3K-based rotational tuna licence may also be reissued to an eligible 3K-based fish harvester. 3K-based fish harvesters may not acquire rotational tuna licences from 3LNOPs.

Permanent licences valid for NAFO sub-Divisions 3LNOPs may only be re-issued to an eligible fish harvester with a homeport in the area of the licence (NAFO Division 3L and sub-Division 3Ps).

The Newfoundland and Labrador-based Atlantic-wide tuna licences may be reissued to an eligible Independent Core fish harvester within the Newfoundland and Labrador Region. While these are Atlantic-wide licences, they may not be reissued outside of the Region.

The Rod and Reel licences may only be reissued to individuals within the Newfoundland and Labrador Region. These licences cannot be reissued as “regular” commercial Bluefin tuna licences or for use with any gear type other than angling gear (rod and reel).

Registered commercial fish harvesters may not hold a commercial Bluefin tuna licence and a Rod and Reel licence concurrently.

C. REISSUANCE OF CORE ENTERPRISE

12.40 Fish harvesters must be designated as a Level II Professional fish harvester by the Professional Fish Harvesters Certification Board (PFHCB) and have a valid certification in order to qualify to receive the re-issuance of a Core enterprise. Recipients who meet the criteria will receive Independent Core status upon completion of the reissuance.

12.41 Core enterprise being reissued must include at least one key licence valid for the area.

12.42 The re-issuance of some Core enterprises may be restricted to an area in which a key licence is valid. If the Core enterprise includes only one key licence, the enterprise can only be re-issued within the area for which this licence is valid.

12.43 Non-Core enterprises are not eligible for reissuance; neither are groundfish licences associated with non-Core or Core enterprises. Most individual licences associated with a non-core enterprise may be eligible for reissuance. Please consult DFO to determine eligibility.

12.44 The re-issuance of some Core enterprises may result in the cancellation of some licences that are no longer valid for the fishing area.

12.46 A fish harvester who relinquishes an enterprise cannot receive the re-issuance of another Core enterprise for a 12-month period (known as the 12-month rule) unless it is part of the same transaction and is processed on the same day.

12.47 A re-issuance between a fish harvester with a less than 12.2m (40’) LOA enterprise with another 12.2m (40’) LOA or greater enterprise will include all licences and vessel registration. This would be known as an enterprise “swap”. Section 12.46 applies prior to and following the “swap.”

12.48 Enterprise owners in one fishing sector may not retain licences from another fishing sector. Exceptions are outlined in Section 13.B.

13. DEATH OF A LICENCE HOLDER

A. ESTATE POLICY (GENERAL)

13.1 Licences may not be bequeathed; however, the individual authorized to act on behalf of the estate may apply for a replacement licence upon the death of a licence holder.

13.2 Where no legal Will exists, the Department will require a Letter of Administration indicating the person(s) handling the affairs of the estate. This must be provided before any transaction regarding licences and/or vessel (s) can take place.

13.3 It is not within the Department’s mandate or responsibility to determine whether a fish harvester’s Will is valid or was made in accordance with the applicable provincial provisions. The Wills Act does not require that a will be probated if it has been signed by the fish harvester and witnessed by two parties. However, the Department can request that the will be probated.

13.4 Where an estate is eligible to be reissued, the application to reissue must occur prior to December 31 of the fifth year of death. See
Section 13.B for details on non-reissuable licences.

13.5 Licences and vessel registrations must be continuously renewed (fees paid) during the five-year estate period in order to remain valid.

13.6 Estates are not eligible to receive a new or replacement licences, or to acquire fishing entitlements through enterprise combining.

13.7 Where applicable, and with the Department’s approval, only the legally appointed executor or legal administrator of the estate may:

designate an eligible substitute operator for up to five (5) years from the year of death;

request a permanent transaction (reissuance or enterprise combining) to an eligible fish harvester.

B. ESTATE POLICY (SPECIFIC)

Where applicable, General Estate Policy provisions also apply.

13.8 Independent Core fish harvester’s estate:

Eligible to designate a substitute operator for up to five (5) years from the year of death;

May reissue all eligible licences as per the reissuance policy;

Non-core groundfish licences are not eligible for reissuance. They may be renewed and fished by a substitute operator up to December 31 of the year of death;

Non-core groundfish licences licence will be cancelled on December 31 of the year of death, with no provision for renewal in subsequent years.

13.9 Non-core (Professional Level I or II) fish harvester’s estate:

Eligible to designate an operator for up to five (5) years from the year of death;

May reissue all eligible licences as per the reissuance policy;

Non-core groundfish licences are not eligible for reissuance. They may be renewed and fished by a substitute operator up to December 31 of the year of death;

Non-core groundfish licences licence will be cancelled on December 31 of the year of death, with no provision for renewal in subsequent years.

Licences may be renewed and fished by a substitute operator in the year of death;

All licences will be cancelled on December 31 of the year of death, with no provision for renewal in subsequent years.

14. COMMERCIAL FISHING VESSEL REGISTRATIONS

A. GENERAL GUIDELINES

14.1 Unless provided otherwise in the Atlantic Fishery Regulations, 1985 or the Marine Mammal Regulations, every vessel used in a commercial fishery must be registered in the name of the licence holder using the vessel or for whom the vessel is being used.

14.2 A vessel may only be registered in the name of one licence holder at a given time.

14.3 A licence holder is not required to own the vessel he/she registers and operates under a licence.

14.4 Fish harvesters must renew their vessel registration(s) annually by December 31 each calendar year or they will be cancelled.

14.5 When a new commercial fishing vessel is first registered, a new Vessel Registration Number (VRN) is required. This number will remain with the vessel, regardless of the registered operator.

14.6 Vessel registrations may only be issued to individuals who hold at least one commercial licence that requires the use of a vessel.

14.7 Only Canadian vessels as defined by Transport Canada may be registered. Vessel owner/operators are responsible for ensuring their vessel meets all Transport Canada requirements.

14.8 The licence holder is responsible to ensure that the vessel he/she intends to operate meets approved vessel replacement rules. Before purchasing a fishing vessel, the licence holder should confirm their vessel replacement eligibility with DFO.

14.9 Upon request, an applicant must present the Department with the particulars on the vessel(s) and advise the Department within 15 days when changes in ownership or vessel characteristics occur.

B. FLEET ELIGIBILITY RULES

14.10 Effective April 12, 2007, a new vessel replacement policy was implemented for the Newfoundland and Labrador Region with three specific fleets being identified. The harvester’s primary vessel is the largest vessel registered within their vessel eligibility:

Less than 12.2m (40’) LOA fleet: Core enterprise owners who held maximum vessel eligibility up to 10.6m (34’11”) prior to April 12, 2007 permitted to register a vessel up to a maximum of 12.2m (39’11”) LOA, as their primary vessel.

Less than 19.8m (65’) LOA fleet*: Core enterprise owners who held maximum vessel eligibility between 10.6m (35’) – 19.8m (64’11”) LOA prior to April 12, 2007 permitted to register a vessel up to a maximum of 19.8m (64’11”) LOA, as their primary vessel. Only one vessel 12.2m (40’) LOA or greater is permitted, unless grandfathered in prior to 1983. Those grandfathered will lose the second vessel registration (>12.2 m = 40’ LOA) upon the re-issuance of the enterprise and/or death of the enterprise owner.

Less than 27.4m (90’) LOA fleet*: Core enterprise owners who held maximum vessel eligibility between 10.6m (35’) – 19.8m (64’11”) LOA prior to April 12, 2007 permitted to register a vessel up to a maximum of 27.4m (89’11”) LOA, as their primary vessel, providing they are in the following fleets:

*Note: Unless otherwise stated, the less than 19.8m (65’) LOA fleet and the less than 27.4m (90’) LOA fleet are referred to in this document as the 12.2m (40’) LOA or greater fleet.

14.11 Eligibility to register a vessel 19.8m (65’) LOA or greater is directly tied to the licences outlined in Subsection 14.10 (c). Reissuance of these licences from an enterprise will result in the loss of the 27.4m (89’11”) LOA vessel eligibility.

14.12 Eligible fish harvesters who opt to acquire a vessel 19.8m (65’) – 27.4m (89’11”) LOA are inshore fish harvesters, and will continue to operate on the basis of inshore licencing policies applicable to fish harvesters operating vessels less than 19.8m (65’) LOA, including PIIFCAF, and Fleet Separation and Owner-Operator Policies.

C. SECONDARY VESSELS

14.13 Core enterprises may register two secondary vessels in addition to their primary vessel registration, to a maximum of three vessels per enterprise.

14.14 Core enterprises with more than three vessels registrations as of April 12, 2007, are grandfathered. Registrations not renewed will result in cancellation of the grandfathering provision.

14.15 Secondary vessels may be up to a maximum 8.5m (28’) LOA for the first vessel, and up to a maximum 6.1m (20’) LOA for the second.

D. NON-CORE VESSEL RULES

14.14 Non-Core enterprises with a primary vessel less than 7.6m (25’) LOA may replace it with a vessel up to a maximum of 8.5m (28’) LOA.

14.1 Non-Core enterprises with a primary vessel between 8.84m (29’) – 19.8m (64’11”) LOA may replace it on a foot-per-foot basis.

14.18 Non-Core enterprises may register a secondary vessel up to 8.5m (28’) LOA.

E. DURATION OF VESSEL REGISTRATION

14.19 The 12-Month Rule applies to vessel registered in the 12.2m (40’) LOA or greater fleet.

A primary vessel may be replaced providing the fish harvester has had it registered for a minimum of 12 months;

Once a primary vessel is replaced, a licence holder is not permitted to replace it and/or register another primary vessel for a period of 12 months.

A primary vessel may be removed and registered to another fish harvester during the 12-month period; however:

the fish harvester who removes it cannot register a different primary vessel for the balance of the 12 months;

the fish harvester who removes the vessel cannot re-register the same primary vessel until 12 months from the date it was removed.

The 12-month rule does not apply in the case of a complete enterprise re-issuance.

The 12-month rule applies to all vessels registered to the enterprise, including secondary vessels.

Fish harvesters may not remove and/or register another vessel for the remainder of the calendar year if either vessel has reported landings in the current year.

The Calendar Rule does not apply in NAFO Divisions 4R and 3Pn; fish harvesters are permitted to register or replace a vessel less than 12.2m (40’) LOA with no restrictions on the timeframe.

The Calendar Rule does not apply in the case of a complete enterprise re-issuance.

The Calendar Rule applies to all vessels registered to the enterprise, including secondary vessels.

F. VESSEL MEASUREMENT

14.21 The criteria for acceptable vessel measurement can vary by DFO Region and by their respective fisheries. Licence holders considering acquiring a vessel from another DFO Region should first consult with Newfoundland and Labrador DFO officials to confirm the vessel in question meets the Newfoundland and Labrador Region’s requirements for vessel replacement eligibility.

14.23 An acceptable measurement/survey of all vessels 9.1m (30’) length overall and greater is mandatory prior to the approval of a vessel registration. This measurement must be completed by a marine surveyor or naval architect, and must comply with the definition of length overall.

14.24 When a vessel is being registered by a different fish harvester, a measurement certificate must be submitted to the Department by the fish harvester, at their expense. This measurement must have been completed by a marine surveyor, naval architect, or a recognized shipbuilder within the past five (5) years, or since the vessel was last modified, whichever is most recent.

G. SPECIES-SPECIFIC VESSEL REGISTRATION RULES

14.25 Capelin

Any vessel participating in any Capelin fishery may only be used by one harvester in one fleet (either the mobile or fixed gear) annually.

Any vessel participating in the fixed gear Capelin fishery may only be used in one Capelin Quota Management Unit each year. A Capelin Quota Management Unit is the capelin sub-division to which a capelin quota is assigned and from which a fixed gear capelin licence holder is authorized to fish.

Any vessel participating in the mobile gear Capelin fishery may only be used in one Management Area (eg. 4RST or 2J3KLPs) each year.

14.26 Mackerel

Purse seine licence holders will be limited to registering a vessel from the Management Area of their licence only (eg. NAFO Divisions 2J3KLPs or 4R3Pn).

Fixed gear licence holders in NAFO Division 4R will be limited to registering a vessel from the Fishing Area of their residency port.

Fixed gear licence holder in NAFO Division 2J3KLP will be restricted to registering a vessel from the NAFO Division of their homeport.

14.27 Snow Crab

In NAFO Divisions 3KL and in Area 10 in 3Ps only, fish harvesters with a vessel eligibility of 10.668m (35’) and greater than 10 gross tons before April 12, 2007 and an inshore crab licence are limited to a vessel up to a maximum of 13.69m (44’11”) LOA when fishing Snow crab.

Specific licence holders in Crab Fishing Area 13 (that portion of NAFO Division 4R, north of Table Point) will be limited to vessel registrations of less than 19.8m (65’) length overall.

14.28 Seal

All vessels participating in the commercial Seal fishery must have an identification number that is clearly visible on their vessel, as per the Fishery General Regulations, section 26(2).

Only DFO registered vessels with a vessel registration number (VRN) or sealing vessel registration number (SVRN) may be used.

Vessel measurements are not required to obtain an seal vessel registration number.

The registered operator of the vessel must hold a valid professional commercial seal licence. All individuals on board must hold either a valid professional, assistant or temporary assistant seal licence.

Professional sealers operating a sealing vessel less than 10.668m (35’) LOA must register the vessel for sealing purposes and acquire a seal vessel registration number (SVRN), unless the vessel currently has an active vessel registration number (VRN).

A vessel 10.668m (35’) length overall and greater may only be used in the commercial seal fishery if it has an active vessel registration number (VRN) and is registered to a professional commercial seal licence holder. Seal vessel registration numbers (SVRN) will not be issued to vessels 10.668m (35’) length overall and greater.

Vessels 19.8 m( 65’) length overall and greater are not permitted to be used in the commercial Seal fishery.

15. VESSEL LEASING

15.1 Available to licence holders the less than 12.2m (40’) length overall fleet and the 12.2m (40’) length overall or greater fleet in NAFO Divisions 2J3KLPs, and the 12.2m (40’) length overall or greater fleet in NAFO Divisions 4R3Pn.

15.2 Available to licence holders who are unable to use the vessel registered on their licence for reasons beyond their immediate control (i.e. mechanical, structural malfunction, and/or loss of vessel). Voluntary removal of the vessel for regular maintenance does not qualify.

15.3 The lease will be for a maximum period of 30 days. Any request for extensions must be accompanied by the appropriate certified documentation.

15.4 In cases where an active vessel has been destroyed or lost, leases may be approved for a maximum of two (2) years, with appropriate certified documentation.

15.5 Requests must be made in writing, and include documentation from a certified source verifying the vessel is unavailable due to mechanical, structural or loss of vessel, including, where applicable, the estimated date for repair completion. The Department reserves the right to have the documentation verified by an independent source.

15.6 Fish harvesters may only lease commercial fishing vessels registered in the Newfoundland and Labrador Region that are within their vessel replacement eligibility.

15.7 Any fishing privileges (use of a fishing licences) held by the lessor (fish harvester allowing the lease of their vessel) in respect of the vessel to be leased must be removed prior to the actual leasing arrangements, and cannot be re-issued during the period of the lease. All vessel registrations associated with the lessor’s enterprise are not valid during the period of the lease; however, the lessor can fish as a crewmember on another vessel or the leased vessel during the period of the lease.

15.8 The disabled vessel must be registered in the name of the lessee (fish harvester with a disabled vessel).

15.9 The licence holder leasing the vessel shall be onboard the leased vessel when fishing.

15.10 The licence holder leasing the vessel must have fished and had verified landings on their disabled vessel within the 30 days prior to the lease request. In instances where the request is made at the beginning of the fishing season, the licence holder leasing the vessel must have fished and had verified landings on their disabled vessel the previous fishing season.

In the case of Northern and Gulf shrimp, the licence holder leasing the vessel must have fished and had verified shrimp landings on their disabled vessel in the month/season previous.

In the case of the NAFO Divisions 2+3KLMNO Fixed Gear Turbot fisheries, the licence holder leasing the vessel must have fished and had verified, directed Turbot landings on their disabled vessel in the month/season previous.

15.11 The leased vessel will not have any additional fishing privileges, and will include only those fishing privileges held by the lessee (person to whom the lease is granted).

15.12 Leasing of Newfoundland and Labrador based vessels in the Bluefin tuna fishery will be permitted if the disabled vessel has participated in the tuna fishery during the current year.

15.13 Generally, leases are not permitted when a vessel is sold. Requests for leases under these circumstances will be reviewed on a case-by-case basis.

A. SPECIES SPECIFIC LEASING

15.14 Capelin

Any vessel participating in any Capelin fishery may only be used by one harvester in one fleet each year, either the mobile gear fleet or fixed gear fleet.

Any vessel participating in the fixed gear Capelin fishery may only be used in one Capelin Quota Management Unit each year. A Capelin Quota Management Unit is the capelin sub-division to which a capelin quota is assigned and from which a fixed gear capelin licence holder is authorized to fish.

Any vessel participating in the mobile gear Capelin fishery may only be used in one Management Area (eg. 4RST or 2J3KLPs) each year.

15.15 Mackerel

Purse seine licence holders will be limited to registering a vessel from the Management Area of their licence only (eg. NAFO Divisions 2J3KLPs or 4R3Pn).

Fixed gear licence holders in NAFO Division 4R will be limited to registering a vessel from the Fishing Area of their residency port.

Fixed gear licence holder in NAFO Division 2J3KLP will be restricted to registering a vessel from the NAFO Division of their homeport.

16. BUDDY-UP

A. BUDDY-UP (GENERAL)

16.1 Unless otherwise stated, buddy-up is a DFO-authorized temporary arrangement allowing a maximum of two (2) two licence holders holding valid licences for the same species, the same fishing area and the same gear type operating from the same vessel.

16.2 Arrangements must be requested, approved and in place prior to either party fishing the buddy-up species; mid-season buddy-up is not permitted.

16.3 Only one (1) buddy-up arrangement is permitted for the duration of the species fishing season or seasonal fishery.

16.4

Snow crab
For the Snow crab fishery, each licence holder in an approved Buddy-Up arrangement must be on board the vessel indicated in the approved arrangement while their own Individual Quota (IQ) is being fished. The registered vessel operator must always be on board the vessel while fishing is taking place.

Capelin
For any Capelin fishery which is managed using an Individual Quota (IQ), each licence holder in an approved Buddy-Up arrangement must be on board the vessel indicated in the approved arrangement while their own Individual Quota is being fished. The registered vessel operator must always be on board the vessel while fishing is taking place.

All other species
For all other fisheries in which Buddy-Up is an authorized management measure, each licence holder in an approved Buddy-Up arrangement must be on board the vessel indicated in the approved arrangement while their own fishing gear is being fished. The registered vessel operator must always be on board the vessel while fishing is taking place.

16.5.

Snow crab
For the Snow crab fishery which is managed using an Individual Quota (IQ), each licence holder in an approved Buddy-Up arrangement must be must be present at the dockside at the time of landing and during vessel offloading while the fish harvested from their own Individual Quota is being landed and offloaded.

Capelin
For any Capelin fishery which is managed using an Individual Quota (IQ), each licence holder in an approved Buddy-Up arrangement must be must be present at the dockside at the time of landing and during vessel offloading while the fish harvested from their own Individual Quota is being landed and offloaded.

For all other species
For all other fisheries in which Buddy-Up is used as an authorized management measure, each licence holder in an approved Buddy-Up arrangement must be present at the dockside at the time of landing and during vessel offloading while the fish harvested from their own fishing gear is being landed and offloaded.

16.6 Fish harvesters may cancel a buddy-up arrangement at any time by advising the Department in writing.

16.7 Fish harvesters involved in a buddy-up may not register or lease another vessel, or allow their vessel(s) to be registered or leased by another harvester, during the species fishing season; the unused vessel(s) will be left to be utilized, if required, by those in the buddy-up.

16.8 Fish harvesters participating in a buddy-up for any species may not have a substitute operator during the duration of the arrangement. The buddy-up must be cancelled prior to a substitute operator being considered.

16.9 Fish harvesters in a buddy-up cannot be the substitute operator on another enterprise while the buddy-up is in effect.

B. BUDDY-UP (SPECIES SPECIFIC)

General buddy-up provisions also apply to species with specific buddy-up principles.

16.10 Buddy-up is authorized in the following fisheries:

3K Capelin;

Area 14 Mackerel, Herring and Capelin;

4R3Pn Cod;

Area 2-9, 10A, 12 and 13 Snow Crab;

Areas 12-14C Lobster.

16.11 CAPELIN

Available to NAFO Division 3K for valid fixed gear licence holders with homeport in Green Bay and portion of White Bay from Hampden to Cape John;

Prior to approval, an eligible licence holder must take responsibility for the trap, and comply with current fishing regulations that require the fishing gear to be marked (eg. Vessel Registration Number).

Multiple enterprises are permitted to share catch from a single trap by entering into a buddy-up arrangement with the responsible harvester who has taken responsibility for the trap.

Buddy-up authorizations are valid when fishing in NAFO Divisions 4R3Pn only, and do not extend to authorized overlap areas.

If the buddy-up is broken during the July seasonal fishery, a new buddy-up will NOT be approved until the September seasonal fishery.

Fish harvesters with a substitute operator in place prior to the start of either seasonal fishery will not be permitted a cod buddy-up.

16.14 SNOW CRAB (Crab Fishing Areas 2-9 inshore)

Combined enterprises may buddy-up if the arrangement does not result in quota equal to more than five (5) individual quotas being fished from the one vessel – the individual to whom the vessel is registered may combine to acquire a maximum equal to two individual quotas. The other buddy-up partner may only combine to acquire one additional individual quota.

16.15 SNOW CRAB (Crab Fishing Area 10A inshore)

Buddy-up between inner and outer Snow crab areas is permitted; all Snow crab must be fished in the outside area.

Combined enterprises may buddy-up if the arrangement does not result in quota equal to more than five (5) individual quotas being fished from the one vessel – the individual to whom the vessel is registered may combine to acquire a maximum equal to two individual quotas. The other buddy-up partner may only combine to acquire one additional individual quota.

16.16 SNOW CRAB (Crab Fishing Area 12 inshore)

Must hold a Snow crab licence valid for the same inshore Snow crab zone, with the exception of following:

NAFO sub-Division 3Ps-based licence holders from Fishing Area 9 (Cape Race to Cape St. Mary’s) using fixed gear have authorized access to Fishing Area 10 (Cape St. Mary’s to Point Crewe) unless the licence is re-issued to another fish harvester with a homeport outside Fishing Area 9.

NAFO Division 3P-based licence holders using mobile gear are not permitted to fish for Cod in NAFO sub-Division 3Ps (a,b,c).

NAFO Divisions 2+3KL-based licence holders from Fishing Area 9 (Cape Race to Cape St. Mary’s) using fixed gear have authorized access to Fishing Area 10 (Cape St. Mary’s to Point Crewe) unless the licence is re-issued to another fish harvester with a homeport outside Fishing Area 9.

NAFO Divisions 2+3KL-based licence holders with a homeport in NAFO Divisions 3KL who historically fished in Fishing Area 10 (Cape St. Mary’s to Point Crewe) or Fishing Area 11 (Point Crewe to Cinq Cerf), may continue to do so.

NAFO Divisions 2+3KL-based licence holders with a homeport in NAFO Divisions 3KL using mobile gear and who historically fished in Fishing Area 10 or 11 may continue to do so.

NAFO Division 4R3Pn-based licence holders using mobile gear are subject to the Administrative Guidelines for the Groundfish ITQ Program for Vessels <65 feet in the Gulf of St. Lawrence as it relates to the commercial cod fishery.

COD HANDLINE

No new licences available.

Licence holders are restricted to the use of handline only.

RECREATIONAL

No licence required.

Recreational fishing may not be conducted from commercial fishing vessels on any trip where commercial fishing activity is taking place.

17.7 HERRING

No new licences available for either fixed gear or purse seine.

Fish harvesters may only a hold a licence valid for one gear type (fixed gear or purse seine) at a time.

Fixed gear licences are valid only for the Herring Fishing Area of the home port of the fish harvester in NAFO Divisions 2J3KLPs, or the Herring Fishing Area in which the fish harvester resides in NAFO Divisions 4R3Pn.

The 2017 temporary freeze on the issuance of new Fixed Gear licences remains in place.

Fixed gear licences are valid only for the Mackerel Fishing Area of the home port of the fish harvester in NAFO Divisions 2J3KLPs, or the Mackerel Fishing Area in which the fish harvester resides in NAFO Divisions 4R3Pn.

Fish harvesters who hold a Mackerel purse seine licence in Mackerel Fishing Area 1-11 are eligible for a Mackerel bar seine validation only for the same purse seine fishing area.

A completed Application must include a licenced Professional Sealer’s signature attesting to Assistant’s participation in the Seal harvest for each of the two preceding years.

Mandatory Humane Harvesting

It is mandatory that all Commercial Seal harvesters (Professional and Assistant) be trained in the three-step process of Humane Harvesting through an accredited DFO Humane Harvesting course.

Participation in Personal Use Humane Harvesting training cannot be used to substitute for the successful completion of the mandatory Commercial Humane Harvesting training.

Personal Use Licences

Individuals who held a Personal Use Seal licence in the previous year will be eligible to renew that licence in the current year.

New licences are available for Personal Use.

Personal Use licences are available to individuals who reside in Newfoundland and Labrador, and who meet the following criteria:

Are 18 years of age or older (proof of age must be provided);

Hold a Firearms Safety/Hunter Education Certificate;

Hold a “Certificate of Completion” of having attended a Seal information session outlining Humane Harvesting requirements for new Personal Use Seal licence applicants.

Individuals who held a commercial (Professional or Assistant) Seal licence in the previous year, and who hold a Firearms Safety/Hunter Education Certificate may opt to receive a Personal Use Seal licence without having to attend a mandatory Seal information session.

Commercial Seal licence holders who opt to receive a Personal Use licence must surrender their Commercial licence, which will be permanently cancelled. In order to seek this option, the Commercial Seal licence holder must submit a written request to the Department.

Indigenous Seal Licences

New licences are available for Indigenous licences of any kind.

Seal licence eligibility

No individual is permitted to hold more than one type of Seal licence (i.e. Personal Use and Commercial).

17.17 SHARK

RECREATIONAL

New licences are available.

Licences will be valid for the coastal waters of Newfoundland & Labrador.

Registered commercial fish harvesters may not hold a commercial Bluefin tuna licence and a Rod and Reel Bluefin tuna licence at the same time. This includes those who hold an eligibility position on the rotational tuna list.

17.27 WHELK

New licences are available in 2HJ, 3KL, 4R3Pn.

No new licences are available in NAFO sub-Division 3Ps.

18. ENTERPRISE COMBINING

18.1 GENERAL APPROACH

Only enterprises held by Independent Core fish harvesters may acquire additional quota and fishing entitlements via Enterprise Combining. The result is the removal of at least one enterprise, vessel registration(s) and species licence(s).

Enterprise combining will occur within specific fleets and geographic areas:

12.2m (40’) LOA or greater fleet: by NAFO Division.

Less than 12.2m (40’) LOA fleet: by Crab Fishing Area (CFA) or fishing area (bay-by-bay).

Quota and other fishing entitlements acquired through Enterprise Combining may never be converted to a species licence.

Unless otherwise stated, licences that have not been combined may be retained by the exiting fish harvester for 24 months, during which time it may not be fished. Retained licences which are not combined or reissued within 24 months will be cancelled.

Fishing entitlements from a Core enterprise may be divided between multiple licence holders, provided the recipients stay within their respective maximum quota accumulation level.

Combined quota amounts may change with increases and decreases in annual allocations. While the percentage acquired will not change, the resulting quota will fluctuate.

The 12-month licence reissuance restriction (Subsection 12.9) does not apply for the purposes of a fish harvester exiting the industry via Enterprise Combining. The 12-month licence reissuance restriction will apply once the Enterprise Combining transaction is complete.

Where Snow crab individual quotas are being combined, the larger individual quota will retained as the original quota.

Groundfish - Other (including groundfish licence validations such as lumpfish or cod trap)

Cod – Hand-line

Lobster - Divisions 2J3KL and LFA 10 (Placentia Bay)

Snow Crab - CFA 11E, 11W, and 12

Small Pelagic - Fixed Gear (excluding INDIVIDUAL QUOTA fisheries)

Small Pelagic - Mobile Gear (excluding Divisions 4R3Pn)

Shrimp Beam Trawl – NAFO sub-Division 3Ps

Tuna (except rotational tuna)

Swordfish

Rock Crab

Toad Crab

Whelk (NAFO sub-Division 3Ps only)

Eel, 3KL Shrimp beam trawl permits, Trout and Arctic Char are considered non-predominant and are cancelled a time of combining.

18.3 DIVESTITURE

Enterprise Combining is not reversible, but fish harvesters may request to divest of all or a portion of the quota acquired through enterprise combining to another eligible fish harvester(s).

Fish harvesters who acquire shares of species may not divest of these in whole or in part for 12 months, unless the enterprise is exiting through enterprise combining. Where additional shares of the species are acquired, the 12 months applies from the date of the most recent transaction.

Fish harvesters who divest may not acquire additional quota of the divested species through any means for a period of 24 months. Where the combined portion of a species is divested of over time, the 24 months will apply from the date of the most recent divestiture transaction.

Combined licences retained for 24 months may not be split, and must be combined/reissued together. Licences are cancelled at the end of the 24 months.

Fish harvesters who divest and then reissue their original licence may not acquire a combined licence for that species for 24-months, or a non-combined licence for that species for 12 months.

In the less than 12.2m (40’) LOA fleet, a licence holder may only divest to another licence holder in the same bay; divestiture in the 12.2m (40’) LOA or greater fleet may be done on a NAFO basis.

In the 3L small supplementary crab fleet, an Option 2 St. Mary’s Bay (SMB) enterprise with additional Option 2 quota acquired through enterprise combining may only divest to an Option 2 enterprise. If an Option 2 enterprise acquires additional Option 2 SMB quota through enterprise combining and converts it to Option 2 quota, the acquired quota may only be divested to another Option 2 enterprise.

With respect to rotational tuna, a licence holder with a combined enterprise may divest of the acquired rotational tuna position in whole (100%) to an individual currently holding a rotational tuna position; there is no divestiture in part for rotational tuna licences. All other divestiture terms apply.

18.4 DETAILED APPROACH – NAFO DIVISIONS 2+3KL

Snow Crab – Inshore Fleet – NAFO Division 2J

The inshore Snow crab in NAFO Division 2J is comprised of options to fish inside or outside the headlands.

A licence holder may combine with either option; however, the quota associated with a licence fishing inside the headland will be permanently converted to an outside the headland option upon combining with an outside option.

The resulting individual quota is equal to a maximum of three NAFO Division 2J inshore individual quotas.

A cap equal to two of the highest individual quotas in the 2J supplementary fleet can come from the supplementary fleet. The balance must come from the 2J full-time fleet.

Snow Crab - Inshore Fleet – NAFO Division 3K

May acquire a quota equal to two inshore individual quotas in the same CFA, for a maximum individual quota equal to three inshore individual quotas in the same CFA.

Snow Crab – Fulltime/Supplementary Fleets - NAFO Division 3K

May acquire quota equal to two 3K full-time individual quotas, for a maximum individual quota equal to three 3K fulltime individual quotas.

A cap equal to two of the highest individual quotas in the 3K supplementary fleet can come from the supplementary fleet. The balance must come from the 3K full-time fleet.

Snow Crab - 35-44’ Fleet – NAFO Division 3K

Can opt to remain in CFA 4, retain their current Snow crab individual quota, and combine with full-time and supplementary Snow crab licence holders; or, move to the inshore CFA of their homeport, obtain the inshore Snow crab individual quota for that CFA, and be eligible to combine with other inshore Snow Crab Licence holders.

The 3K maximum quota and the supplementary quota cap amounts will apply to those who opt to remain in CFA 4. The resulting combined individual quota is the inshore 35-44’ individual quota plus a maximum of two fulltime/supplementary individual quota.

If a 35-44’ LOA inshore Snow crab licence holder with a homeport in CFA 3A opts to move into CFA 3A and subsequently combines with a maximum of two CFA 3A inshore Snow Crab licence holder(s), the combined individual quota will be equal to three 3A individual quotas.

If a 35-44’ LOA inshore Snow crab licence holder with a homeport in CFA 3D opts to move into CFA 3D and subsequently combines with a maximum of two CFA 3D inshore Snow Crab licence holder(s), the combined individual quota will be equal to three 3D individual quotas.

The replacement vessel eligibility for licence holders who opt to move to an inshore CFA will be less than 12.2m (40’) LOA.

Snow crab - Inshore Fleet – NAFO Division 3L

Combined enterprises in CFAs 5A, 6A or 6B may be equal to a maximum of three inner bay or three outer bay individual quotas for their respective CFA, dependent on the annual decision on the portion of the bay to be fished. Bays are defined in licence conditions.

Combining between inner and outer licence holders within CFAs 5A, 6A or 6B either mid-season or after the annual selection has taken place is permitted.

Licence holders in CFAs 6C, 8A and 9A can combine within their CFA, and acquire quota equal to two individual quotas from their respective CFAs, for a maximum individual quota equal to three individual quotas from their respective area.

Combining between CFA 6C and CFA 8A with a homeport in 6C is permitted. The CFA 8A licence must first change to a CFA 6C licence. The combined individual quota may be equal to a maximum of three 6C individual quotas.

The CFA 6B licence holders with homeport in NAFO Division 2J are not eligible to combine unless they change their homeport to Conception Bay.

Option 1A licence holders are not eligible to combine; they must first opt to convert to Option 2 and relinquish the Option 1 or 1A status. The combined individual quota may be equal to a maximum of three Option 2 individual quotas.

Option 2 may combine with another Option 2 or an Option 2 SMB. The combined individual quota may be equal to a maximum of three Option 2 individual quotas.

An Option 2 SMB may combine with an Option 2 SMB. The combined individual quota may be equal to a maximum of three the Option 2 SMB individual quotas.

An Option 2 SMB may combine with an Option 2. The resulting licence will be the Option 2 SMB quota and quota areas, and the Option 2 quota and quota areas.

An Option 2 SMB acquiring an Option 2 may not convert all individual quota to Option 2 SMB until the licence shares in sub-area 8B (SMB) is below the historical 28.

Snow crab - 35-44’ Fleet– NAFO Division 3L

May combine with inshore (<40’) licence holders within their respective CFA.

These enterprises may register a vessel up to a maximum of 44’ 11” LOA to fish Snow crab; however, the combined enterprise can only fish the outer individual quota if it registers a vessel between 40’ and 44’11”, and can only fish the inner individual quota if it registers a vessel less than 12.2m (40’) LOA.

Snow Crab – Fulltime/Large supplementary Fleets - NAFO Division 3L

May acquire quota equal to two 3L full-time individual quotas, for a maximum individual quota equal to three 3L fulltime individual quotas.

A cap equal to two 3L large supplementary individual quotas can come from the large supplementary fleet. The balance must come from the 3L full-time fleet.

Cod - NAFO Divisions 2GHJ3KL

Only the Cod portion of a groundfish licence is eligible for combining; the second and third, if applicable, groundfish licence(s) are forfeited to the Crown.

Cod stewardship catch limits are eligible for combining to a maximum accumulation equal to three catch limits.

Cod hand-line licences are not eligible for combining.

Cod overlap privileges are not eligible to be re-issued through combining, except for intergenerational combining transactions.

Cod overlap privileges, including Area 10 overlap and Branch - Point Lance overlaps, cannot be combined. The overlap associated with the exiting enterprise will be cancelled.

Capelin – NAFO Divisions 2GHJ3KL

Licence holder in Capelin Fishing Areas 3 and 4 may acquire quota equal to their Capelin Fishing Area individual quota, for a combined individual quota equal to two Capelin Fishing Area individual quotas.

Additional quota allocated to enterprises based on inactivity in the fishery (bump) may only be applied to one individual quota in a combined enterprise.

A Capelin Area 3 (bottom of White Bay) competitive licence may not combine with a Capelin Area 3 quota licence.

A Capelin Area 4 (Green Bay) competitive licence may not combine with an Area 4 quota licence.

When CFA 10A licence holders with different options (i.e. inner or outer) combine, the resulting individual quota is equal to the sum of the individual quotas, to a maximum accumulation of three individual quotas; all must be fished in the outer area.

A CFA 10A/11S licence holder may combine with a 10A licence holder, providing they relinquish the 11S access and allocation.

Snow Crab – Inshore 35’-44’ fleet

11S licence holders are eligible to combine within the 11S fleet and with the supplementary fleet, for a combined individual quota of the 11S individual quota plus the acquired individual quota.

Providing the licence holder has a homeport in Placentia Bay, CFA 10A (Outer), licence holders are also eligible to combine with the 11S or supplementary fleet.

Inshore snow crab licences in CFA 11 (Fortune Bay/South Coast) are not predominant, and are not eligible for combining.

Licences may remain with the combined enterprise, if they are not duplicated, or may be re-issued to another eligible fish harvester within 24 months.

Cod - NAFO sub-Division 3Ps

Individual cod quotas are eligible for combining, up to a maximum accumulation equal to three individual quotas.

Each 3Ps groundfish licence holder’s original cod allocation is frozen.

The additional quota allocated to enterprises based on inactivity in the fishery (bump) that is applied to each enterprise may be combined. While this is an individual quota fishery, it will be closed once the Total Allowable Catch is taken.

A groundfish licence that is combining cod individual quotas shall relinquish the second/third groundfish licence(s) to the Crown.

Where an enterprise is acquiring 100% of an individual cod quota, the individual quotas will be added in the combined enterprise, regardless of whether they are of the same amounts or not. No further combining is permitted.

Licences eligible for Shrimp Fishing Area 8 and licence eligible for Shrimp Fishing Areas 8 – 12 may be combined.

When a Gulf shrimp licence holder acquires 100% of another Gulf shrimp individual quota through combining, the two individual quotas are added, and no further combining is permitted.

Combining done in increments may not exceed 100%, or the largest individual quota in the fleet, whichever is reached first.

Cod – Fixed Gear

While Cod is defined as a predominant fishery in Divisions 4R3Pn, fixed gear cod in any fleet sector is not eligible for combining.

Cod - Mobile Gear

The mobile gear enterprise allocation fleet is eligible to combine the individual quota held by the exiting enterprise subject to the provisions of the Administrative Guidelines for the Groundfish ITQ Program for Vessels <65 Feet in the Gulf of St. Lawrence.

Any cod in excess of the maximum share permitted under the administrative guidelines may be acquired by another eligible enterprise.

Herring - Mobile Gear - Individual Quota Fisheries

Herring purse seine licence holders in Areas 13-14 are eligible to combine. The combined individual quota is equivalent to two individual quotas.

When an Area 13-14 purse seine licence holder acquires 100% of another Area 13-14 purse seine individual quota through combining, the two individual quotas are added, and no further combining is permitted.

Combining done in increments may not exceed 100%.

Capelin Mobile Gear - Individual Quota Fisheries

Purse seine licences in Areas 12, 13 and 14 are eligible for combining.

When an Area 12, 13 and 14 purse seine licence holder acquires 100% of another Area 12, 13 and 14 purse seine individual quota through combining, the two individual quotas are added, and no further combining is permitted.

Combining done in increments may not exceed 100%, or the largest individual quota in the fleet, whichever is reached first.

18.7 DETAILED APPROACH – ROTATIONAL TUNA

All NAFO Divisions - Rotational Tuna

A 3LNOPs rotational tuna licence holder may acquire a maximum of one (1) additional position on the NAFO Divisions 3LNOPs rotational tuna list.

Only one position on the NAFO Divisions 3LNOPs rotational tuna list may be active within a calendar year.

A licence holder whose two positions run concurrently should make arrangements to permanently switch one position with another rotational tuna licence whose position is not valid for the same year.

Temporary substitution of positions will be permitted, but only one licence may be active in a calendar year.

18.8 DETAILED APPROACH – NORTHERN SHRIMP

All NAFO Divisions – Northern Shrimp - Otter trawl fleet

Combining of Northern shrimp (Otter trawl) licences is permitted within each NAFO Division.

Harvest cap/quota accumulation can occur through either enterprise or license combining. In cases of Enterprise Combining, all associated rules apply.

The inshore Northern shrimp fishery in NAFO Divisions 2J3KL is managed by DFO on a competitive basis using industry-managed harvesting caps. The inshore Northern shrimp fishery in NAFO Division 4R is managed under an individual quota regime.

Generally, Shrimp Fishing Area 6 Northern shrimp harvest caps may be combined, for a maximum total of four harvest caps.

Shrimp Fishing Area 6 harvest caps for NAFO Division 3Kn-based licenses may be combined, for a maximum total of four harvest caps.

Shrimp Fishing Area 6 harvest caps for NAFO Division 3Ks-based licenses may be combined for a maximum total of five harvest caps; this in order to reach a level of parity with a fully combined NAFO Division 3Kn Shrimp Fishing Area 6 Northern shrimp licence (four harvest caps).

Fisheries and Oceans Canada will recognize any combined harvesting caps if fish harvesters move to an individual quota regime in the future.

An individual quota regime is in place for Shrimp Fishing Area 6 Northern Shrimp in NAFO Division 4R. Combining is eligible to a maximum equal to four NAFO Division 4R-based Shrimp Fishing Area 6 Northern shrimp individual quotas.

Enterprise allocations issued to the <65’ inshore fleet in Shrimp Fishing Area 4 will be eligible for combining within Shrimp Fishing Area 4, to a maximum equal to two Shrimp Fishing Area 4 Enterprise Allocations.

Harvest cap/quota accumulation can occur through either enterprise or license combining. In cases of Enterprise Combining, all associated rules apply.

The inshore Northern shrimp fishery in NAFO Divisions 2J3KL is managed by DFO on a competitive basis using industry-managed harvesting caps. The inshore Northern shrimp fishery in NAFO Division 4R is managed under an individual quota regime.

Shrimp Fishing Area 6 harvest caps for NAFO Division 3Kn-based licenses may be combined, resulting in a maximum total of four harvest caps.

Shrimp Fishing Area 6 harvest cap for NAFO Division 3Ks-based licenses may be combined, resulting in a maximum total of five harvest caps; this in order to reach a level of parity with a fully combined NAFO Division 3Kn Shrimp Fishing Area 6 Northern shrimp licence (four harvest caps).

Fisheries and Oceans Canada will recognize any combined harvesting caps if fish harvesters move to an individual quota regime in the future.

NAFO Division 4R-based enterprises

Combining is eligible to a maximum total equal to four NAFO Division 4R-based Shrimp Fishing Area 6 Northern shrimp individual quotas.

Licence holders with both Gulf and Northern shrimp licences may combine away their Northern shrimp portion to an eligible licence holder, and retain their Gulf shrimp licence.

Licence combining does not apply to Gulf shrimp. See Section 18.6(b) for Gulf shrimp Enterprise Combining.

PART FOUR – ABORIGINAL FISHERIES POLICIES

20. INTRODUCTION

Aboriginal fishing policy in Canada is guided by a vision of supporting healthy and prosperous Aboriginal communities through:

21. FOOD, SOCIAL AND CEREMONIAL (FSC) FISHERIES AND COMMERCIAL ACCESS

A. ABORIGINAL FISHERIES STRATEGY (AFS)

The 1992 Aboriginal Fisheries Strategy (AFS) is a framework for the management of fisheries in a manner consistent with the 1990 Supreme Court of Canada Sparrow decision, which found that where an Aboriginal group has a right to fish for food, social, and ceremonial (FSC) purposes, it takes priority, after conservation, over all other uses of the fishery.

The program was further designed to serve as a bridging arrangement in fisheries matters during the negotiation of comprehensive Land Claims and self-government agreements.

The objectives of the Aboriginal Fisheries Strategy are:

To provide a framework for the management of fishing by Aboriginal groups for food, social and ceremonial purposes.

To provide Aboriginal groups with an opportunity to participate in the management of fisheries, thereby improving conservation, management and enhancement of the resource.

To contribute to the economic self-sufficiency of Aboriginal communities.

To provide a foundation for the development of self-government agreements and treaties.

To improve the fisheries management skills and capacity of Aboriginal organizations and First Nations.

The AFS is applicable where DFO manages the fishery and where land claims settlements have not already put a fisheries management regime in place.

Under the AFS, Fisheries and Oceans Canada (DFO) negotiates time-limited fisheries agreements with eligible Aboriginal organizations to set out fishing arrangements for food, social and ceremonial purposes. Licences are issued and contain conditions respecting a variety of fisheries management measures like, but not limited to, species, harvest limits, fishing areas and seasons. The agreements may also provide for fisheries related economic opportunities.

B. ALLOCATION TRANSFER PROGRAM (ATP)

AFS was subsequently expanded to include a commercial access component through the Allocation Transfer Program (ATP) This was established to facilitate Aboriginal access and enhanced participation and economic opportunities in commercial fisheries through the acquisition of quota, enterprises, vessels, gear, and equipment.

Commercial fisheries access is a priority of Aboriginal Organizations throughout DFO's management Regions, and the ATP facilitates the voluntary retirement of commercial licences and the issuance of communal licences to eligible Aboriginal groups. Fisheries related economic opportunities provide Aboriginal groups with employment and income.

Enterprises under consideration for transfer to the ATP shall be reviewed for licence reissuance eligibility.

C. ABORIGINAL AQUATIC RESOURCE AND OCEANS MANAGEMENT PROGRAM (AAROM)

DFO introduced the Aboriginal Aquatic Resource and Oceans Management Program (AAROM) program in 2004 for capacity building and collaborative management initiatives aimed at supporting the involvement of Aboriginal Organizations in integrated watershed / ecosystem-based planning and management processes. Two or more Aboriginal Organization are required to establish an AAROM organization.

AAROM applies in areas where DFO manages the fishery but where land claims have not been settled, and it provides funding to assist Aboriginal organizations that are working together to obtain access to technical, scientific and administrative expertise in order to facilitate their participation in decision-making processes for aquatic resource and oceans management.

Funding can be used for training, commercial based projects, feasibility and business planning; and to assist Aboriginal organizations transition from capacity building to collaborative management. An AAROM organization can hold commercial communal fishing licences.

D. ABORIGINAL ACCESS – COMMERCIAL FISHERIES

Separate consideration is required for Aboriginal Organizations to acquire access to commercial fisheries. In this context, Aboriginal Organizations are exempt from certain entry-level eligibility criteria (i.e. Professional Level II) respecting the issuance of replacement licences. This relates to the fact, in the case of Aboriginal, it is communal access. In the case of non-Aboriginal, it is based on an individual fish harvester acquiring fishing access. This policy is to be considered in conjunction with DFO’s Aboriginal programs, which provide, among other objectives, for participation in commercial fisheries through commercial communal licences.

22. ABORIGINAL LICENCES

22.1 Nothing in this Policy, except residency requirements, precludes the issuance of a licence to an Aboriginal Organization as a replacement for a re-issuable licence.

22.4 Aboriginal organizations may acquire existing commercial fishing licences with funding from the Allocation Transfer Program (ATP). Such licences would be voluntarily be surrendered by other, non-Aboriginal fish harvesters. Following the re-issuances of these licences, they will be issued under the ACFLR’s.

22.5 Aboriginal organizations may self-fund the acquisition of existing commercial fishing licences that are surrendered by non-Aboriginal fish harvesters. Following the re-issuances of these licences, they will be issued under the ACFLR’s

22.6 Aboriginal organizations may acquire existing commercial fishing licences using a combination of ATP funding and self-funding. Following the re-issuances of these licences, they will be issued under the ACFLR’s

22.7 Communal commercial fishing licences may be reissued to an eligible fish harvester, subject to the general reissuance provision and species specific provision as outline in Section 12.

22.9 Midshore and offshore fishing licences may be issued to Aboriginal organizations.

23. NORTHERN LABRADOR CORE

This section is currently under review.

24. POLICY EXEMPTIONS

24.1 Nothing in this policy, except residency requirements, precludes the issuance of a licence to an Aboriginal Organization as a replacement for a reissuable licence.

24.2 The Preserving of the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries (PIIFCAF), Fleet Separation and Owner Operator policies do not apply to licences held by Aboriginal Organizations.

PART FIVE – NATIONAL FISHERIES POLICIES

25. PIIFCAF

25.1 The Policy on Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries (PIIFCAF) promotes a commercial fishery in Atlantic Canada with a strong independent inshore sector.

25.2 PIIFCAF and its policy measures strengthen the Owner-Operator and Fleet Separation Policies (Sections 3 and 4) by addressing issues concerning Controlling Agreements and ensure that those who are benefiting from the privilege of the licence are those who are actively engaged in the fishery and the consultative process.

26. ISSUING LICENCES TO COMPANIES

26.1 Under the Issuing Licences to Companies policy, a wholly-owned company is defined as a private corporation incorporated under the laws applicable in Canada, for which all voting and non-voting shares are issued to and controlled by one individual who meets the Independent Core eligibility criterial set out in PIIFCAF.

26.2 The Policy applies to Independent Core fish harvesters only in the inshore fishery, except those listed in section 16 (11) of the DFO Commercial Fisheries Licensing Policy for Eastern Canada.

26.3 The Policy does not apply to fishing licences issued under the Aboriginal Communal Fishing Licences Regulations (ACFLR).

26.4 Licences held by the individual fish harvester and those held by the company are considered one enterprise and are represented by one Fisheries Identification Number (FIN). The enterprise may not be split to create two separate and distinct enterprises.

26.5 Only those licences eligible for re-issuance (Section 12) may be held by the company. Licences such as non-Core groundfish, recreational licences and personal use seal are not eligible to be held by the company.

26.6 Licences may be reissued from an eligible fish harvester or wholly-owned company, to an eligible fish harvester or wholly-owned company, as per the re-issuance policy (Section 12).

26.7 Duplicate licences may not be held by both the fish harvester and the wholly-owned company.

26.8 Substitute operator privileges currently available to individuals will be available under the same conditions for wholly-owned companies.

26.9 Vessel registration held by either entity of an enterprise allows the vessel to be used by both the individual and the wholly-owned company without the need for vessel transfer. All other vessel registration terms apply (Section 14).

26.10 All other licensing provisions apply to licences held by the enterprise, either in the name of the licence holder or the wholly-owned company. This includes the Owner-Operator Policy which requires the license holder or the 100% shareholder to be on board during fishing activity.

26.11 Enterprise Combining and Divestiture provisions also apply to companies, as per the respective policies.

27.2 In response, DFO developed procedures to work with trustees in bankruptcy and secured creditors and their receivers.

28. EMERGING FISHERIES POLICY

28.1 The Emerging Fisheries Policy was developed in 1996 to clearly lay out the requirements that must be met and the procedures to follow before a new fishery can be initiated. A cornerstone of the new policy is provision for the establishment of a scientific base with which stock responses to new fishing pressures can be assessed.

PART SI X – ANNEXES

29.1 The Sector Management Policy for Canada’s Atlantic Inshore Groundfish Fishery was implemented on January 1, 1982, and applies to all inshore vessels fishing any species of groundfish. It permits the decentralization of the management of the inshore groundfish fishery to the Regional Headquarters level.

A. OBJECTIVES

To control access among various fleet sectors and allow for a suitable balance between the resources available and the fishing effort within the boundaries of a specified sector. Specifically, to ensure that in a sector where adequate fishing capacity exists (or over-capacity), additional fishing effort by vessels outside the sector is restricted. This ensures that quotas assigned for a particular size of vessel in a particular area are harvested by vessels from that area and minimizes the overfishing of established quota levels.

To manage the small vessel fleet within a specified sector to provide greater decentralization and, in particular, provide Directors General with a greater degree of authority for management.

To allow for expansion or restriction of the inshore fisheries within a particular Region in relation to the resource availability, without necessarily affecting the management of fisheries in other Regions where fish stock availability, or social and economic conditions, differ.

B. DEFINITION OF SECTORS

29.2 All inshore groundfish vessels (less than 19.8 metres or 65 feet) are managed within a series of fishing areas or sectors:

In addition to being permitted to fish in their respective sectors, all inshore groundfish vessels less than 19.8 metres from sectors (2 and 3) will also be entitled to fish for groundfish in NAFO areas 3MNOFootnote 1.

C. OVERLAPS

29.3 Many inshore groundfish vessels from communities near sectoral boundary lines have historically fished common fishing grounds on one side of the line or the other, depending on fish location. In order to provide for continuation of historic fishing patterns, two types of overlap privileges have been established: authorized overlaps and historical overlaps.

D. AUTHORIZED OVERLAPS

29.4 Vessels which have homeports located in the extremities of their sector will be permitted to fish in the NAFO Subdivision adjoining their home port division, specifically:

Home Port Division

Authorized Overlaps

4T

4Vn

4Vn

4T

3Pn

3Ps

3Ps

3Pn

4RS

2J

2J

4RS

29.5 Authorized overlaps are meant to provide for the inshore groundfish fleet as it existed on January 1, 1982. If vessels are relocated to an alternate home port division, the authorized overlap is rescinded. If vessels are relocated from a home port division with no authorized overlap privilege to a home port division listed above, no authorized overlap privilege will be extended.

E. HISTORICAL OVERLAPS

29.6 As a further means of assuring that traditional fishing patterns were not disrupted, ex-sector fishing privileges beyond the authorized overlaps have been granted:

when it was shown that the vessel fished the specific ex-sector area for two years within the period 1978-80.

the qualifying period was extended to the years 1980 and 1981 when it was shown that decisions and commitments were made to have a vessel replaced prior to 1980, i.e. the replacement vessel qualified for an historical overlap if it fished the specific ex-sector area during the years 1980 and 1981.

F. HISTORICAL OVERLAP TERMINATION CRITERIA

29.7 Historical overlap privileges will expire when:

there is a change in vessel ownership,

the vessel is seized by a lending authority,

the vessel is routinely replaced.

29.8 Historical overlap privileges will not expire when the vessel is lost through fire, sinking, etc. Providing the vessel is replaced within a two-year period, the historic overlap privileges would continue on the new vessel, subject to the above criteria.

Footnotes

Footnote 1

When sector management was established, NAFO Divisions 3MNO were excluded from the policy. Following a meeting of the Federal-Provincial Atlantic Fisheries Committee in November 1984, NAFO areas 3MNO were incorporated into the policy. It was decided that in NAFO areas 3MNO, inshore groundfish vessels less than 19.8 metres from any sector (1, 2, or 3) may fish (both inside and outside the 200 mile zone) for groundfish in accordance with Atlantic Groundfish Management Plan and the Atlantic Fishery Regulations.